Allowed

ramesh @ jhagru and another v. State of U.P.

Allahabad HC24 Jan 2018BAIL/2520/2018

Case brief

AI extract

What is this about?

This criminal bail application sought release of accused persons named in a case under Sections 394 and 412 IPC. The court granted bail, citing insufficient evidence, delay in FIR, and lack of independent witnesses, directing release on personal bond with two sureties each.

What did the court decide?

Accused Ramesh @ Jhagru and Lal Singh released on bail on furnishing personal bond with two sureties each.

ramesh @ jhagru and another Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2520 of 2018

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Applicant :- Ramesh @ Jhagru And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Mr Girish Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Girish Singh, learned counsel for the applicants and Ms. Poonam Singh Sengar, learned A.G.A. appearing for the State.

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Learned counsel for the applicants in support of their prayer for bail submit that the applicants are not named in first information report. It is further submitted that the first informant namely Ram Khilari Yadav has not explained the delay in lodging the first information report which is about three days. It is further submitted that there is no independent witness with regard to the incident to support the prosecution case. It is further submitted that applicants are innocent and they have been falsely implicated in the present case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicants that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 12.11.2017. The applicants have no other reported criminal antecedent.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicants are entitled to be released on bail in this case.

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Let the applicants Ramesh @ Jhagru and Lal Singh involved in Case Crime No. 1009 of 2017, under Section 394/412 I.P.C., Police Station Gursahaiganj, District Kannauj be released on bail on their furnishing a personal bond with two sureties each

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in the like amount to the satisfaction of the court concerned with the following conditions:-

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The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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They will not tamper with the witnesses.

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They will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 24.1.2018 Arti Sharma

ramesh @ jhagru and another v. State of U.P.

Case brief

What is this about?

What did the court decide?

ramesh @ jhagru and another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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